부당이득금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts
A. 1) The New Entertainment Co., Ltd. (former trade name before the modification: Namyang Tourism Co., Ltd.; hereinafter referred to as “baman”)
Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”)
B) Between Jongno-gu Seoul, Jongno-gu D 2,17.4 square meters, E, 178.2 square meters, and F 458.2 square meters, both of the above sites (hereinafter referred to as “instant land”).
2) On the ground, the title of “G” is 7 underground floors and 15th aggregate buildings (total 683 households; hereinafter “instant aggregate buildings”) on the ground.
2) The instant trust agreement with the purport to newly construct and sell a new land trust agreement (hereinafter “instant trust agreement”).
In the instant trust agreement, the key contents relevant to the instant case are as follows. Article 3 (Construction of Buildings) ① Korea Land Trust is selected by the Korea Land Trust Company (hereinafter “Construction Company”).
(2) The Korea Land Trust may, upon the recommendation of the New Technology Investment Association, consult with the Intellectual Property Association on the contract amount, construction cost, method of payment, construction period and other important matters regarding the contract amount of construction work as referred to in paragraph (1). Article 4 (Borrowings ① The Korea Land Trust may appropriate funds necessary for the construction of buildings and the performance of trust work as trust property, or borrow funds at the expense of the New Technology Investment Association and the beneficiary.
In such cases, the borrowing of funds shall include the borrowing of funds in the name of Hann Investment or Korea Land Trust, the borrowing of funds inherent in the Korea Land Trust, and the borrowing of funds from other trust properties whose trustee is the Korea Land Trust.
(2) In order to secure a loan under paragraph (1), the Korea Land Trust may establish mortgage or collateral security on the land which is a trust property and the building after completion.
(4) The Korea Land Trust shall be subject to the amount, repayment period, conditions, etc. of the loan from funds under paragraph (1).